사해행위취소로인한 원상회복청구
Attached Form
With respect to each real property listed in the list:
A. (1) Defendant C and E were concluded on September 18, 2018.
1. According to the evidence evidence No. 2, the Plaintiff applied for a payment order to E on November 9, 2018, and the Plaintiff received a payment order stating that “E shall pay to the Plaintiff KRW 33,600,000 and KRW 28,000,000 per annum from the day following the delivery of the instant payment order to the day of full payment order,” and the above payment order becomes final and conclusive on November 30, 2018.
Therefore, in a lawsuit seeking the revocation of the fraudulent act in this case, there is a preserved claim against the Plaintiff E.
2. The intention to commit fraudulent acts and to injure himself;
(a) The following facts may be acknowledged, either in dispute between the parties or in accordance with the purport of Gap evidence (including the paper number) and the entire pleadings:
1) On September 18, 2018, E means each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant C on September 18, 2018.
As to each of the instant claims, each of the maximum debt amounts of KRW 350 million was set up against Defendant D, and on October 19, 2018, each of the maximum debt amounts of KRW 300 million was set up against Defendant D with respect to the instant claims (hereinafter the Defendants’ each of the instant claims is referred to as “each of the instant claims”).
2) At the time of the establishment of each of the instant mortgages, E was in excess of the debt, and the instant real estate was the only property E.
3) Defendant D is his father, and Defendant C is the father of Defendant D with the father of Defendant D, and is in the relationship between E and E. B. According to the establishment of a fraudulent act and the obligor’s intent to commit suicide, the act of establishing each of the instant mortgages on the instant real estate, which is the only property of E, to the Defendants regarding the instant real estate, constitutes a fraudulent act in relation to other obligees, and the obligor E is also aware of the intent to commit suicide.
2. Since the amount of senior secured claim established on the instant real estate exceeds the market price of the instant real estate, the establishment of each of the instant senior secured claims does not constitute a fraudulent act.